Education and Inspections Act 2006

92 Enforcement of disciplinary penalties: detention outside school sessions E+W

(1) This section applies in relation to a disciplinary penalty which consists of the detention of a pupil outside school sessions.

(2) In relation to a disciplinary penalty to which this section applies, subsection (2) of section 91 has effect as if it required the following additional conditions to be satisfied, as well as the conditions set out in subsections (3) to (5) of that section.

(3) The additional conditions are—

(a) that the pupil has not attained the age of 18,

(b) that the head teacher of the school has previously determined, and has made generally known within the school and to parents of registered pupils at the school, that the detention of pupils outside school sessions is one of the measures that may be taken with a view to regulating the conduct of pupils,

(c) that the detention is on a permitted day of detention, and

(d) that [F1 , in relation to a pupil at a school in Wales,] the pupil's parent has been given at least 24 hours' notice in writing that the detention is due to take place.

(4) The additional conditions set out in subsection (3)(a), (c) and (d) do not apply in the case of a detention during a break between school sessions on the same day.

(5) If arrangements have to be made for the pupil to travel to school for the purposes of the detention or to travel home after the detention, then in determining for the purposes of the condition in subsection (3) of section 91 whether the imposition of the detention is reasonable, subsection (6) of that section is to be read as if it also required the question whether suitable travelling arrangements can reasonably be made by his parent to be taken into account.

(6) Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under subsection (3)(d) from being given to the parent by any effective method.

(7) This section is not to be construed as restricting what may lawfully be done apart from this section.

(8) In this section, “permitted day of detention”, in relation to a pupil, means any of the following days—

(a) a school day, other than a day on which the pupil has leave to be absent, and for this purpose “leave” means leave granted by a person authorised to do so by the governing body or proprietor of the school;

(b) a Saturday or Sunday during a school term, other than a Saturday or Sunday which falls during, or at a weekend immediately preceding or immediately following, a half-term break;

(c) a day (whether or not during a school term) which is set aside wholly or mainly for the performance of duties by members of the staff of the school other than teaching, other than such a day which is excluded by regulations made—

(i) in relation to England, by the Secretary of State, and

(ii) in relation to Wales, by the Assembly.

Textual Amendments

F1 Words in s. 92(3)(d) inserted (15.1.2012) by Education Act 2011 (c. 21), ss. 5, 82(3); S.I. 2012/84, art. 2

Modifications etc. (not altering text)

C1 S. 92(3)(b) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 12

C2 S. 92(3)(d) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 12

Commencement Information

I1 S. 92 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I2 S. 92(1)-(7) (8)(a)(c) in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(d)